Craig Lloyd v Richard Hayward & Anor

Craig Lloyd v Richard Hayward & Anor

The claimant's procedural inactivity did not amount to an abuse of process because there was no sufficient evidence of a lack of intention to prosecute the claim, the delay was partly attributable to the court's failure to list a CCMC, and both parties were inactive. Even if there had been abuse, striking out would not be a just or proportionate response in all the circumstances.

Parties
Claimant: Craig Lloyd; First Defendant: Richard Hayward; Second Defendant: Sirocco Holdings Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2024
Procedural Posture
Civil Business/property / Ruling on Application to Strike Out Claim for Abuse of Process
Outcome
Application to strike out refused
Legal Topics
Abuse of Process, Strike Out Applications, Delay in Litigation, Case Management
Civil Procedure Abuse of Process Strike Out Applications Delay in Litigation Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Craig Lloyd

Claimant

Richard Hayward

First Defendant

Sirocco Holdings Limited

Second Defendant

Procedural Posture

Civil Business/property / Ruling on Application to Strike Out Claim for Abuse of Process

Legal Issues

  1. 1 Whether the claimant's conduct amounted to an abuse of process by 'warehousing' the claim or lacking genuine intention to prosecute it to trial
  2. 2 If so, whether the appropriate sanction is to strike out the claim

Ratio Decidendi

The claimant's procedural inactivity did not amount to an abuse of process because there was no sufficient evidence of a lack of intention to prosecute the claim, the delay was partly attributable to the court's failure to list a CCMC, and both parties were inactive. Even if there had been abuse, striking out would not be a just or proportionate response in all the circumstances.

Court Disposition

Application to strike out refused

Orders

  • Costs and case management conference to be re-listed